Sunday 4 September 2016

When court should initiate contempt proceeding ?

There is a definite, deliberate, motivated and calculated
attempt on the part of the applicant, which is discernible to bring
down the image of judiciary in the estimation of the public or to
impair   the   administration   of   justice   or   to   tend   to   bring   the
administration of justice into disrepute.   Repeatedly filing fake,
frivolous and vexatious cases with the allegations to scandalize the
Court, the officers of the Court, and mud­slinging the record of the
Court, is nothing but an abuse of process of Court.   There is a
definite     act of browbeating the Court to obtain the favourable
orders, and wherever the attempt remains unsuccessful, to raise a
false and concocted plea of recusal and indulge in the activities of
bench­hunting.  
41. In spite of making statement before the Apex Court on
2­5­2016   for   withdrawal   of   Writ   Petition   No.11825   of   2016
levelling serious allegations against a sitting Judge of this Court
(Shri   B.R.   Gavai,   J.),   the   applicant   has   thereafter   chosen   to
approach   social   media   to   scandalize   the   Court   and   make   a
scurrilous   attack   on   the   sitting  Judges,   the   Chief   Minister   Shri
Devendra   Fadnavis,   the   officers   of   the   Court,   including   the
Government Pleader and the Registrar.   This is a definite act of

misleading the Apex Court that henceforth no such activity shall be
carried.  In the absence of such representation, one does not know
what would have been the fate of the Transfer Petition filed before
the Apex Court.  
42. The object, intent and motive behind it seems to be only
to malign the image of the judiciary.  The attention of the Judges is
distracted  by such interference in the administration  of  justice.
Various publications by the applicant cause an embarrassment and
create a distrust in the public mind as to the impartial capacity of
the Judges of the Court to mete out even­handed justice.   The
activities of the applicant are posing a real and imminent threat to
the purity of the Court proceedings.   The allegations made are
affront to the majesty of law and offend the dignity of the Court.
43. In the light of the facts of this case, and the law laid down
by the Apex Court, I propose to invoke the jurisdiction of this Court
under   Article   215   of   the   Constitution   of   India   to   frame   the
following draft charges against the applicant­Satish Mahadeorao
Uke for the act of the contempt of Court :
(1) You,   Satish   Mahadeorao   Uke,   have   instituted
various   civil   and   criminal   proceedings   in   this   Court,

against the sitting Judges of this Court, the officers of this
Court, including lawyers and the Registrar, as are pointed
out in this order, which are frivolous and vexatious and
thereby you have committed an act of abuse of process of
the Court, amounting to contempt of Court.                                                                           
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CIVIL REVISION APPLICATION NO.26 OF 2016
Satish Mahadeorao Uke,

Versus
The Registrar,
High Court of Bombay,
Bench at Nagpur,
Nagpur. ... Non­Applicant

CORAM : R.K. DESHPANDE, J.

DATED : 6TH JUNE, 2016
Citation:2016(4) MHLJ 406

1. This revision application has been filed to seek copies of
the   record   of   C.A.   No.U­3733/E­122   R.No.122   dated   4­4­2016,
which, according to the applicant, was filed in Criminal Application
(APPP) No.1081 of 2015 by the office of the Government Pleader.
Normally, the application would either be allowed or dismissed for
the reasons to be stated in the order to be passed.  There would
also not be any objection for the Court if the applicant wanted to
withdraw the revision application.  This could have been permitted
                                                                       
by this Court if it had been a simple revision application without
making any serious allegations assailing the record of this Court
and without mud­slinging the sitting Judges and the officers of this
Court.   The   revision   application   along   with   the   documents   and
pursis on record contain all sorts of wild allegations amounting to
scurrilous attack on the sitting Judges, the officers of this Court,
including the Government Pleader, and the record of this Court.
Such allegations made during the course of arguments are also
noted in the orders dated 20­4­2016 and 25­4­2016 passed in this
revision application.   It is on the proof of these allegations, the
applicant   wanted   the   reliefs   claimed.     The   Court   is,   therefore,
bound to ask the applicant to carry the responsibility of making
such   allegations   by   stating   it   on   oath.     The   applicant   is   not
prepared for the same and, therefore, this Court is constrained to
call upon the applicant to respond to this order passed on the
allegations so made.
2. The   facts   brought   on   record   of   this   civil   revision
application by the applicant­Satish Mahadeorao Uke, appearing in
person, reflecting the history of various litigations filed by him,
need to be looked into initially.
                                                                          3
3. Criminal Applications (APL) No.824 of 2015 and 825 of
2015 were filed on 22­12­2014 by the complainants Shri Hruday
Babulal Parate and Shri Madanlal Babulal Parate along with the
accused   persons,   viz.   Pravin   Romadhar   Dubey,   Devendra
Gangadhar Fadnavis (presently, the Chief Minister of Maharashtra)
and Deepak Jaising Hiranwar under Section 482 of the Code of
Criminal   Procedure   for   quashing   the   counter­cases,   viz.   Crime
No.252 of 1991 under Sections 147, 148, 149, 294, 448, 324, 336
and 427 of the Indian Penal Code, and Crime No.253 of 1991
under Sections 324, 294, 506(b), and 427 read with Section 34 of
the Indian Penal Code, in which the applicant Nos.1 and 2 were the
accused,   filed   by   them   against   each   other   on   7­6­1991.   The
Division Bench of M/s. B.R. Gavai and V.M. Deshpande, JJ. allowed
the said applications on 23­12­2014 and quashed the proceedings
by consent of parties on the basis of the law laid down by the Apex
Court in the case of Narinder Singh and others v. State of Punjab,
reported in (2014) 6 SCC 466.
4. The applicant­Satish Mahadeorao Uke was not the party
to both the aforesaid applications, but filed Criminal Application
No.45 of 2015, claiming the reliefs as under : 
                                                                           4
“1. Take cognizance of this application to conduct enquiry
u/s   195   and   340   of   Cr.P.C.   And   suo   motu   criminal
contempt of court action.  OR if Hon'ble Court thinks, this
instant application may be placed before the Hon'ble Chief
Justice of Bombay High Court for appropriate orders.
2. Recall the common order dated 23.12.2014 passed in
Original   Criminal   Application   (APL)   824/2014   (Hruday
Kumar and others vs. State of Maharashtra).
3. Recall the common order dated 23.12.2014 passed in
Original   Criminal   Application   (APL)   825/2014   (Deepak
Hiranwar and others vs. State of Maharashtra).
4. Examine legality, propriety and illegality of the order
and the conduct of the parties in obtaining order including
office objections.
5. Suitable action under Section 195 read with 340 of
Criminal   Procedure   Code   be   proceeded   against   the
concerned   parties   and   concerned   Advocates   therein
including Government Pleaders.
6. Initiate suo motu criminal contempt action under the
provisions of Contempt of Courts Act read with Article 215
of the Constitution of India against the concerned parties
and concerned Advocates including Government Pleaders.
OR
In   the   alternative   the   said   proceeding   may   kindly   be
forwarded to the Hon'ble the Chief Justice of Bombay High
Court, Fort, Mumbai.
7. Grant any other relief to which this Hon'ble Court may
deem fit and proper in the facts and circumstance of the
case.”
The aforesaid application was dismissed by the Division Bench of
M/s. B.R. Gavai and Smt. M.R. Bhatkar, JJ. by its judgment and
                                                                 5
order dated 16­1­2015 on merits of the matter as well as holding
that the applicant had no locus to claim the reliefs.
5. The   applicant   approached   the   Apex   Court   against   the
aforesaid judgment and order by filing the Special Leave Petition,
which was dismissed on 17­8­2015 by an order passed as under :
“Heard the petitioner, who has appeared in person.
No ground for interference is made out, in exercise of our
jurisdiction under Article 136 of the Constitution of India.
The special leave petition is dismissed.
As   a   sequel   to   the   above,   interlocutory   applications   are
disposed of.”
6. The   applicant   then   filed   Criminal   Review   Application
(APPP) No.1081 of 2015 on 21­9­2015 for review of the judgment
and order 16­1­2015 passed by the Division Bench of M/s. B.R.
Gavai and Smt. M.R. Bhatkar, JJ. in Criminal Application No.45 of
2015.   This application was dismissed by the Division Bench of
M/s. B.R. Gavai and Prasanna B. Varale, JJ. on 14­10­2015.  
7. On   15­10­2015,   the   applicant   filed   an   application   for
obtaining   the   certified   copies   of   the   judgment   and   order
                                                                           6
dated 14­10­2015 along with all other documents, including the
cover sheet of GP File – two copies.  This application addressed to
the Additional Registrar of the High Court was processed by the
office, and ultimately by speaking order dated 28­10­2015 passed
by the Deputy Registrar (Shri R.R. Rathi), the prayer for supply of
certified copy of the cover sheet of GP File was rejected.
8. The applicant filed Civil Writ Petition No.6195 of 2015
before this Court containing the prayer clauses 2, 3 and 4, which
are reproduced below :
“2] Direct   the   Registry   not   to   return   original   record   –
handwritten   notes   with   the   signature   of   Government
Pleader   on   it   available   in   Criminal   Application   (APPP)
No.1081/2015 against their powers under Bombay High
Court Appellate Side Rules 1960.
3] Direct   the   Registry   to   issue   Certified   Copies   to   the
petitioner from same original record – handwritten notes
with the signature of Government Pleader on it available in
Criminal Application (APPP) No.1081/2015, on receipt of
fresh application from the petitioner.
4] Direct the respondent to keep same original record –
handwritten   notes   with   the   signature   of   Government
Pleader   on   it   available   in   Criminal   Application   (APPP)
No.1081/2015 as it is till further orders of this Hon'ble
court.”
The Registrar of the High Court, Bench at Nagpur was the only
                                                                     
party­respondent.   The petition was disposed of by the Division
Bench of this Court consisting of M/s. B.P. Dharmadhikari and V.M.
Deshpande, JJ. on 23­11­2015, and the order is reproduced below :
“ Shri Uke, petitioner in person, submits that due to
subsequent   events,   challenge   as   raised   is   rendered
infructuous.   He, therefore, seeks leave to withdraw with
liberty to make further grievance, if any, before appropriate
forum.
This Court has not still issued notice to the respondent.
As such, we dispose of the writ petition as having become
infructuous.
Needless to mention that if any grievance is open in
future for making, it is always open for the petitioner to
make the same in accordance with law.”
9. On  11­1­2016, the applicant  filed  Criminal Application
(APPP) No.40 of 2016 for grant of leave to file an appeal against
the judgment delivered by the Division Bench in Criminal Review
Application (APPP) No.1081 of 2015.   It was forwarded to the
Principal Seat of this Court at Mumbai for constitution of Bench to
hear   this   application.     Accordingly,   as   per   the   communication
received from the Registrar (Judicial­I), High Court, Appellate Side,
Mumbai, the Bench of M/s. B.R. Gavai and Prasanna B. Varale, JJ.
was   constituted   to   hear   the   said   application.    It   is  not   known
whether this application is pending or decided.

10. The applicant wanted a copy of the communication issued
by the Registrar (Judicial­I), High Court, Appellate Side, Mumbai,
constituting   the   Bench   of   M/s.   B.R.   Gavai   and   Prasanna
B. Varale, JJ. for hearing Criminal Application (APPP) No.40 of
2016.  He was, therefore, required to file Civil Revision Application
No.22 of 2016 before this Court to challenge the rejection of his
application by an order dated 4­3­2016 passed by the Registry. The
matter was listed before me on 29­3­2016.   The Registrar of the
High Court of Bombay, Bench at Nagpur was the party­respondent
in the said civil revision application, which was allowed by setting
aside the order dated 4­3­2016 refusing to grant the certified copy
of the letter and directing the Registrar to issue the certified copy
of the said communication within a period of eight days from the
date of the order.  
11. This   civil   revision   application   under   sub­rule   (i)   of
Rule 7 of the Bombay High Court Appellate Side Rules, 1960 has
been filed on 11­4­2016 by the applicant calling for the record of
C.A. No. U­3733/E­122 R. No.122 dated 4­4­2016 and to direct the
Registrar to issue copies of the said record as was sought by the
applicant in the said application dated 4­4­2016.  According to the

applicant, appearing in person, the said record was filed by the
office   of   Government   Pleader   in   Criminal   Application   (APPP)
No.1081   of   2015,   which   was   decided   on   14­10­2015   by   the
Division Bench of M/s. B.R. Gavai and Prasanna B. Varale, JJ.  
12. On 20­4­2016, when this civil revision application was
listed before me, the following order was passed :
“ The   applicant,   appearing   in   person,   has   urged
before this Court that on 14­10­2015, he was present before
the Division Bench presided over by M/s. B.R. Gavai and
Prasanna B. Varale, JJ., and had argued Criminal Review
Application (APPP) No.1081 of 2015.  He submits that the
judgment, which is placed on record on page 40 of this civil
revision   application,   consisting   of   18   pages,   was   not
delivered   in   the   open   Court,   but   some   other   order   was
passed in his presence.  He, therefore, seeks time to file an
affidavit stating the following two things :
(i) that the judgment dated 14­10­2015 in Criminal
Review Application (APPP) No.1081 of 2015 was not
passed in his presence in the open Court, and 
(ii) that th exact order, which, according to him, was
passed in the aforesaid matter by the Division Bench.
Hence, put up this matter on 25­4­2016.”
13. The   applicant   sought   time   to   file   an   affidavit   on   the
aforestated two points.   Thereafter, this civil revision application
was   listed   before   this   Court   on   25­4­2016.     Instead   of   filing

affidavit, the applicant at that time invited my attention to the
pursis stamp No.5462 of 2016, which he had filed on 22­4­2016
seeking withdrawal of the revision application on the ground that
he had made a representation/complaint to the Hon'ble President
of   India,   Hon'ble   Chief   Justice   of   India,   Hon'ble   Governor   of
Maharashtra   State,   and   Hon'ble   Chief   Justice   of   Bombay   High
Court, which makes the demand of the application for the certified
copies   of   the   record   infructuous.     He,   therefore,   claimed   for
withdrawal of the application.  
14. This Court passed an order on 25­4­2016 as under :
“ Shri S.M. Uke, the petitioner appearing in person
submits that in the order dated 20.04.2016 passed by this
Court   dictated   in   open   court,   certain   corrections   are
required to be made.   He submits that the Division Bench
had   not   permitted   him   to   argue   Criminal   Review
Application (APPP) No.1081 of 2015, but was permitted to
argue the Pursis Stamp   No.3146 of 2015 and 3386 of
2015, which are on pages 59­B and 59­D of this review
application.     He   therefore,   submits   that   it   was   wrong
statement   made   before   this   Court   that   he   had   argued
Criminal Review Application (APPP) No.1081 of 2015 and
he wanted the correction of it to the effect that he had
argued Pursis Stamp No.3146 of 2015 filed in Criminal
Review Application No.3386 of 2015.
By an order dated 20.04.2016, the petitioner was
granted time to file affidavit on the two points mentioned
therein instead of filing affidavit the petitioner has chosen to
file   a   pursis   bearing   Stamp   No.5462   of   2016   on
22.04.2016 for permission to withdraw the civil revision

application on the ground that it has become infructuous.
After going through the contents of the pursis, I find that
certain factual averments are made, which are of serious
nature assailing the record of this Court, and unless such
averments   are   made   on   affidavit,   it   is   not   possible   to
consider the prayer of the petitioner for grant of permission
to withdraw the revision application.
At this stage, Shri Uke, submits that he has filed
Writ  Petition   No.11825   of   2015   which   is   pending   for
adjudication  before  the Principal  Bench  of  this  Court  at
Mumbai.  He submits that the issues which are raised in this
revision application have also been raised in the said writ
petition which is pending.   He therefore, seeks exemption
from filing affidavit and seeks permission to withdraw this
revision application.  It is not possible to accept such prayer
orally and the petitioner is therefore, permitted to file an
affidavit in this Court stating all these facts along with the
copy of the Writ Petition No.11825 of 2015 which is said to
be   pending   before   the   Principal   Bench   of   this   Court   at
Mumbai.
Shri Uke, therefore, seeks time in this matter till
04.05.2016.
Put up this matter on 04.05.2016.”
The matter was accordingly listed before this Court on 4­5­2016.
The applicant, appearing in person, remained absent, but placed on
record the pursis stamp No.5811 of 2016.  
15. In the pursis stamp No.5811 of 2016 filed on 30­4­2016,
the   applicant   states   that   the   orders   dated   20­4­2016   and
25­4­2016,   reproduced   earlier,   are   passed   beyond   the
subject­matter of the revision and the application has already been

moved before the Hon'ble Chief Justice of India and the Hon'ble
Chief Justice of Bombay High Court with a request for appropriate
action  and placing  the  matters of the  applicant  before another
Bench.     After   perusal   of   the   pursis,   the   matter   was   kept   at
2.30 p.m. yesterday, as the applicant was absent. Again at 2.30
p.m. yesterday, the applicant remained absent, and, therefore, the
matter was kept on 5­5­2016.   The applicant remained absent.
Hence, the matter was closed for orders. 
16. Perusal of the pursis Stamp No.5811 of 2016 shows that
the applicant claims recusal by me to hear and decide this revision
application   containing   the   allegations,   which   are   in   substance
extracted below :
(i) This revision has been filed only for issuance of
copies of the documents asked for consisting of record of
C.A. No.U­3733/E­122 R.No.122 dated 4­4­2016, but the
orders passed by this Court in this revision application on
20­4­2016   and   25­4­2016   travel   beyond   the
subject­matter of the revision [Paras 2 and 6].
(ii) The issues reflected in the orders dated 20­4­2016
and 25­4­2016 relate to manipulation of the record in
Criminal Application (APPP) No.1081 of 2015 and are
related to Shri Devendra Gangadhar Fadnavis (present

Chief   Minister   of   Maharashtra);   Smt.   Bharti   Dangre,
Government Pleader;  Shri B.R. Gavai, J.; Shri Prasanna
B. Varale, J.; and certain   persons in the Registry of this
Bench, including Shri Rajandekar, the Senior Registrar,
who are all related to Shri R.K. Deshpande, J. [Para 3].
(iii) Shri Devendra Gangadhar Fadnavis is a party in
Criminal Application (APPP) No.1081 of 2015 and he has
along   with   others   committed   a   fraud   on   the   Court.
Shri   Fadnavis   is   a   client   of   Senior   Advocate
Shri K.H. Deshpande, Advocate Shri Mohan Sudame, and
Advocate     Shri A.M. Sudame, who are all closely related
to Shri R.K. Deshpande, J. [Para 4(a)].
(iv) It is a matter of record that in Criminal Application
(APPP) No.1081 of 2015, the hand­written notes of Smt.
Bharti   H.   Dangre,   Government   Pleader,   were   secretly
used  by  M/s.  B.R.   Gavai  and   Prasanna   B.  Varale,  JJ.,
before   whom   Senior   Advocate   Shri   K.H.   Deshpande,
Advocate   Shri   Mohan   Sudame,   and   Advocate
Shri A.M. Sudame are practising.   It is, therefore, not
proper for Shri R.K. Deshpande, J. to take up the matter
related to M/s. B.R. Gavai and Prasanna B. Varale, JJ.
[Para 4(b)].
(v) Smt.   Bharti   H.   Dangre   has   appeared   for
Shri Devendra Gangadhar Fadnavis in Election Petition
No.1   of   2014   before   Shri   R.K.   Deshpande,   J.,   and   in
various matters Smt. B.H. Dangre, Government Pleader,
has appeared on behalf of the State Government, wherein

Senior   Advocate   Shri   K.H.   Deshpande,   Advocate   Shri
Mohan Sudame, and Advocate Shri A.M. Sudame have
appeared. [Paras 4(c) and 4(d)].
(vi) It is a matter of record that in Criminal Application
(APPP) No.1081 of 2015, the officials of the Registry of
this Court are involved regarding manipulation of record,
and   the   Registry   is   headed   and   controlled   by   Senior
Registrar  Shri Rajandekar, who  is  related  to  Shri  R.K.
Deshpande, J., and it is, therefore, improper for him to
take   the   matter   relating   to   the   Registry.
[Paras 4(e) and 4(h)].
(vii) It   is   seen   that   Senior   Advocate   Shri   K.H.
Deshpande, Advocate Shri Mohan Sudame and Advocate
Shri   A.M.   Sudame   have   appeared   for   Shri   Devendra
Gangadhar   Fadnavis   and   have   relations   with
Shri   Fadnavis   in   any   manner,   and   it   is,   therefore,
improper   for   Shri   R.K.   Deshpande,   J.   to   take   up   any
matter relating to Shri Fadnavis and it was improper for
Shri   R.K.   Deshpande,   J.   to   hear   and   decide   Election
Petition   No.1   of   2014   challenging   the   election   of
Shri Fadnavis.  [Para 4(f)].
(viii) As   per   the   record,   Shri   R.K.   Deshpande,   J.   has
worked in the Division Bench with Shri B.R. Gavai, J., and
it is, therefore, improper for him to take up any matter in
which Shri B.R. Gavai, J. is involved. [Para 4(g)].
(ix) The orders dated 20­4­2016 and 25­4­2016 seem to

have   been   passed   to   put   the   applicant   in   a   difficult
situation with intention to take harsh action, which may
involve the action for contempt of Court, that too without
the authority of the investigation in the issues relating to
manipulation of record that amount to criminal offences.
However, Shri R.K. Deshpande, J. cannot do this because
for the reasons already stated and also that the Senior
Registrar  Shri Rajandekar is his relative. [Para 4(h)].
(x) The applicant has already moved an application to
the Hon'ble Chief Justice of India and the Hon'ble Chief
Justice of Bombay High Court and requested for taking
appropriate   action   and   placing   all   the   matters   of   the
applicant before the  another Bench. [Para 6].   
17. So far as the claim of the applicant for recusal by me to
hear and decide this matter finally on the ground that the revision
application   seeks   direction   to   the   Registrar   of   this   Court
(Shri Rajandekar), who is alleged to be closely related to me, I
must point out that on the earlier occasion, the applicant had filed
Civil  Revision  Application  No.22  of 2016  challenging  the order
passed by the Registry, making the Registrar of the High Court as
the party­sole respondent to the revision application.  The applicant
claimed supply of the copy of the communication received by the
Registry, constituting Bench of M/s. B.R. Gavai and Prasanna B.
Varale, JJ. to hear Criminal Application (APPP) No.40 of 2016,

relying upon Rule 5(1) in Chapter VIII of the Bombay High Court
Appellate Side Rules without making any allegations either against
the sitting Judges of this Court or the officers in the Registry of this
Court or assailing the record of this Court.   Accordingly, I had
allowed   Civil   Revision   Application   No.22   of   2016   filed   by   the
applicant and order passed by the Registry on 4­3­2016 was set
aside and the Registrar (Shri Rajandekar) was directed to supply
the copy of the communication within a period of eight days to the
applicant.  The applicant did not raise any objection for hearing of
the matter by me on the ground that the Registrar Shri Rajandekar
is my relative and he was benefited by the order of this Court.
18. As   per   the   assignment   in   the   roster,   all   the   revision
applications challenging the orders passed by the Registrar of this
Court or his subordinate officers are required to be dealt with by
this   Court   and   day   in   and   day   out   the   orders   passed   by   the
Registrar in his official capacity are set aside and in such matters,
the question of personal relations hardly comes in the way when
the   Registrar   acts   in   his   official   capacity.     The   Registrar   (Shri
Rajandekar)   has   not   been   joined   in  his   personal   capacity   as   a
party­respondent, and the allegation is made against him regarding
manipulation   of   the   record   of   Criminal   Application   (APPP)

No.1081 of 2015.  Even during the course of hearing of this civil
revision application on 2 – 3 occasions, the applicant did not raise
any such objection of my personal relations with the Registrar of
this Court Shri Rajandekar.  In fact, I may state here that there is
not even a single order placed on record which is passed or signed
by Shri Rajandekar in his capacity as a Registrar of this Court.  The
orders are passed by his subordinate officers and the Registrar
being   head   of   the   administration   in   the   Bench   at   Nagpur,   the
applicant has joined him in his official capacity and not by his
personal name.   The question of recusal on my part to make an
exception of dealing with such assignment on this count does not at
all arise.
19. In the orders dated 20­4­2016 and 25­4­2016 passed in
this   civil   revision   application   (reproduced   in   paras   12   and   14
above), the arguments advanced by the applicant before this Court
are reproduced.  In the pursis Stamp No.5811 of 2016, a statement
is made by the applicant in para 6 that the applicant does not agree
with the observations made by this Court in the said orders.  This is
prima facie a false statement, and the applicant himself had invited
my  attention  to   the   averments   made   in   para   7[a]   of   this   civil
revision application, which are extracted below :

“7[a] On 20.10.2016 when the order dated 14.10.2015
passed   in   the   Criminal   Application   (APPP)   No.1081/2015
came   to   be   uploaded   on   Official   Website   of   Bombay   High
Court,   the   petitioner   found   something   mismatching   &
difference in the order passed in the Court & the uploaded
order.  So, the petitioner on 21.10.2015 made application for
the grant of certified copy of the Steno Book dated 14.10.2015
in Criminal Application (APPP) No.1081/2015. The petitioner
also moved application for grant of this certified copy out of
turn.   The applications were rejected by the Copying Section
vide   the   order   dated   21.10.2015   passed   by   the   Deputy
Registrar. Copy of the said applications dated 21.10.2015 for
Steno­Book   &   order   passed   on   it   are   collectively   annexed
herewith a Annexure­D.”
In   respect   of   the   Court   record   of   Criminal   Application   (APPP)
No.1081 of 2015, the applicant has made the averments in para 2
of the pursis Stamp No.5462 of 2016 filed in this civil revision
application as under :
“2. In   inspection,   the   applicant   found   that   the   Xerox   of
returned documents kept on the above Court's record as per
order passed by the Registrar (J) on the application dated
2.11.2015   moved   by   the   officers   of   the   Govt.   Pleader
(Annexure­I) are not of the Xerox of the record which was
available on the above Court's record on dated 14.10.2015 &
28.10.2015 & seen by the applicant.
It shows that the record of G.P. file which was available
on the Court's record on dated 14.10.2015 & 28.10.2015 &
seen by the applicant in original form came to be changed by
some different but similar record.  That, some other but similar
record kept on court's record shown as returned to the Govt.
Pleader officials & Xerox of which are kept on the Court record.
This act is committed in  appeal period against  the Rule  1
Chapter XV of the Bombay High Court Appellate Side Rules,
1960.   Copy of the inspection application dated 21.4.2016

annexed herewith as Annexure­P.
The   applicant   made   representation/complaint   in   this
regard to Hon'ble President of India, Hon'ble Chief Justice of
India, Hon'ble Governor of Maharashtra State & Hon'ble Chief
Justice of Bombay High Court.
3. That,   the   above   incidence   makes   the   demand   of   the
applicant   infructuous   i.e.   made   for   authenticated/certified
copies as per Annexure­A which has rendered this application
infructuous.     So,   the   applicant   wants   to   withdraw   this
application.”
It is apparent that the applicant himself under his own signature
has made allegations contained in the orders.  Therefore, he has to
be given an opportunity to file an affidavit taking responsibility of
such allegations.  It is, therefore, false to claim that the applicant
did   not   make   any   such   statements   before   this   Court,   as   are
recorded in the orders dated 20­4­2016 and 25­4­2016.
20. It is a fact that the applicant has filed Writ Petition Stamp
No.20322 of 2015 before this Court (transferred to the Principal
Bench   at  Bombay   and   registered   as  Writ   Petition   No.11825   of
2015), in which Shri Bhushan Raosaheb Gavai, J. (It should have
been Shri Bhushan Ramkrishna Gavai) is a party respondent No.4
for his transfer to some other High Court, and this fact is apparent
from   the   pursis   dated   12­10­2015,   which   is   annexed   by   the
applicant himself in this revision application on page No.59­D.  The

applicant sought exemption from filing an affidavit in terms of the
orders dated 20­4­2016 and 25­4­2016 passed by this Court on the
ground that the issues raised in this revision application have also
been   raised   in   Writ   Petition   Stamp   No.20322   of   2015.     The
applicant  was, therefore, required to carry the responsibility of
alleging   and   proving   the   fact   that   the   issues   involved   in   this
revision application are the same issues which are involved in Writ
Petition Stamp No.20322 of 2015.
21. Reading the entire averments made in this civil revision
application   and   the   documents   annexed   thereto   creates   an
impression that the applicant wanted to allege in substance as
under :
(i) That the Division Bench of this Court consisting of
M/s.   B.R.   Gavai   and   V.M.   Deshpande,   JJ.   allowed
Criminal Applications (APL) No.824 of 2015 and 825 of
2015 on 23­10­2015 to quash the proceedings instituted
by the parties therein against each other by acting on the
collusion   between   Smt.   Bharti   Dangre,   Government
Pleader, and Shri Devendra Fadnavis, Chief Minister of
Maharashtra.  
(ii) That   the   Criminal   Application   (APPP)   No.45   of
2015 filed by the applicant for review of the judgment

and   order   dated   23­12­2014   passed   in   Criminal
Applications (APL) No.824 of 2015 and 825 of 2015 were
decided   by  the   Division   Bench   consisting   of   Shri  B.R.
Gavai and Smt. M.R. Bhatkar, JJ. on 16­1­2015 to favour
Shri Devendra Fadnavis, Chief Minister of Maharashtra,
with whom Shri B.R. Gavai, J. is closely related.  
(iii) That   he   had   filed   Criminal   Application   (APPP)
No.1081 of 2015, which was dismissed by the Division
Bench of M/s. B.R. Gavai and Prasanna B. Varale, JJ. on
14­10­2015, seeking review of the judgment and order
dated   16­1­2015   passed   by   the   Division   Bench   of
Shri B.R. Gavai and Smt. M.R. Bhatkar, JJ. in Criminal
Application (APPP) No.45 of 2015 , on the basis of the
record secretly produced by the office of the Government
Pleader.  
(iv) That   the   judgment   delivered   on   14­10­2015   in
Criminal Application (APPP) No.1081 of 2015 was not
dictated   in   open   Court   by   the   Division   Bench   of
M/s. B.R. Gavai and Prasanna B. Varale, JJ., but some
different order was passed in the open Court in presence
of the applicant.
(v) That   Shri   Devendra   Fadnavis  (the  present   Chief
Minister of Maharashtra) is the client of Senior Advocate
Shri K.H. Deshpande, Advocate Shri Mohan Sudame, and
Shri A.M. Sudame, and, therefore, it was not proper on
the part of Shri R.K. Deshpande, J. to hear and decide the
Election   Petition   No.1   of   2014   filed   by   the   applicant

challenging the election of Shri Devendra Fadnavis.
(vi) Shri Devendra Fadnavis and Smt. Bharti Dangre,
Government Pleader, have practised fraud upon the Court
by acting in collusion.
(vii) The court record of Criminal Application (APPP)
No.1081   of   2015   has   been   manipulated   by
Shri Rajandekar, acting as the Registrar of the High Court
of Bombay, Bench at Nagpur. 
(viii) If Shri R.K. Deshpande, J. was so much interested
in the investigation, he ought to have ordered to seize the
concerned   record   of   Criminal   Application   No.1081   of
2015 from the Registry and direct for placing the record
for   investigation   before   the   appropriate   legal   forum.
However, Shri R.K. Deshpande, J. cannot do this because
of   the   above   reasons   and   also   if   Senior   Registrar
Shri Rajandekar is his relative.  
22. If   this   Court   is   required   to   consider   the   question   of
investigation   into   the   manipulation   of   the   record   of   Criminal
Application (APPP) No.1081 of 2015, the first step, which this
Court will be required to do is to require the applicant to file an
affidavit in support of such allegations to carry the responsibility
and the consequences flowing therefrom.  The allegations are wild,
reckless, scandalous and scurrilous attack on the persons of the

sitting Judges of this Court, the officers of this Court, including the
Government Pleader, and the Registrar, and to assail the record of
this Court, which is presumed to be sacrosanct.
23. The applicant had filed Election Petition No.1 of 2014
challenging the election of Shri Devendra Gangadhar Fadnavis in
this Court and I was designated as a Judge by the Hon'ble Chief
Justice   to   decide   the   said   election   petition.     The   said   election
petition was dismissed under Order VII, Rule 11(a) of the Code of
Civil Procedure on 19­8­2015.  It was pending for almost 1½ years
and  at no  point  of  time,  the  applicant,  who was  appearing  in
person, did raise any such objection of hearing of the said election
petition by me on the ground that I am related to Shri Devendra
Fadnavis, who is alleged to be the client of Senior Advocate Shri
K.H. Deshpande, Advocate Shri Mohan Sudame, and Shri A.M.
Sudame.  If the applicant was knowing the alleged fact, he should
have immediately pointed it out to me with details.   A plea of
recusal need to be raised at the initial stage, at any rate, before the
decision   in   the   matter.     If   such   plea   had   been   raised   at   the
appropriate time with the details, I could have decided whether to
recuse   myself   from   taking   up   the   said   matter.     It   is   only   on
20­4­2016 and 25­4­2016, i.e. after about 8 months of this decision

in the Election Petition,  when in the present revision application
this   Court   asked   the   applicant   to   carry   responsibility   of   the
allegations made against  sitting Judges, officers of the Court and
in respect of the record of this Court, the applicant has raised a
plea of recusal on such ground.  At any rate, it is not understood as
to   how   and   in   what   manner   the   decision   in   Election   Petition
disqualifies me from taking up this revision application.  The object
and intent in raising such plea at this stage is not only to browbeat
but to make unjustified aspersions on impartiality in discharge of
judicial functions.  
24. I must make it clear that I am not in any manner in
relation   with   Shri   Devendra   Fadnavis,   who   became   the   Chief
Minister of Maharashtra for the first time in 2013­14.  I might have
decided   some   cases   against   him   before   he   became   the   Chief
Minister.  My father is a designated Senior Advocate since 1976­77
and is engaged by lot many advocates to argue the matter for their
clients.  In the absence of details, including case number and the
year  of  the alleged  case,  it  is  not  possible  to  respond  to  such
allegations.  It is not possible to maintain a list of such clients to
find out in each matter whether I can take up such matter, unless
parties to the lis before me bring it to the notice during the hearing

that either I had appeared for such party or that he is the client of
my father or the relative.  Many times, it happens that the cases of
the distant relatives or the clients during practice of law are also
dealt   with   unknowingly   or   sub­consciously   and   the   orders   are
passed either in their favour or against them.  
25. A   Judge   may   recuse   at   his   own   choice   from   a   case
entrusted to him by the Chief Justice and it would be a matter of
his own choosing.  But recusal at the asking of the litigating party,
unless justified, must never be acceded to.  This is what the Apex
Court has held recently in NJAC case instituted by the  Supreme
Court Advocates­on­Record ­ Association  and another  v.  Union of
India, reported in 2015 (11) SCALE 1.  The question of recusal is
normally decided by a Judge on the basis of his personal or private
interest in the subject­matter of the litigation, his intimacy with the
party/parties to a  lis  before him, his perception about conflict of
interest in taking up the matter, and his own conscience.   Such
decision does not depend upon the dictates of lawyers or litigants.
There can be numerous such cases, where the question of recusal
arises, some of which can be broadly cited as under :
(i) The relations between the lawyers and their clients
are   always   considered   to   be   professional.   While   in

practice of law as a Standing Counsel of corporate or
statutory bodies or authorities, may not deter taking up or
dealing with the matters of such bodies or authorities as a
Judge   unless   the   subject­matter   of   the   litigation   was
handled as a professional.   Day in  and  day out, such
matters are taken up and the orders are passed either in
favour or against such bodies or authorities.
(ii) Many times, personal matters of lawyers regularly
practising in the Court, who are the members of the Bar
Association, are required to be dealt with. Merely because
some such lawyer was a professional colleague while in
practice may not act as a disqualification for taking up his
matter, and a Judge decides it on the basis of his intimacy
with such lawyer and the subject­matter of the litigation
or his conscience.
(iii) The participation of lawyers in political activities or
the activities of the Bar Association or in the voluntary
organizations and the local bodies is phenomenal.  Such
lawyers frequently come before the Court as a litigant in
public   interest   litigations   to   espouse   or   defend   the
common cause.  The fact that such a lawyer is a regular
practitioner before this Court, does not come in the way
of adjudicating such matters, as the Court is concerned
with   the   subject­matter   of   the   litigation   and   the
beneficiaries of it.
(iv) Many   times,   it   happens   that   a   lawyer   having
personal   matter   before  the   Court   occupies   the   highest

position in the Bar Association and shares the dais with
the Judges in the official functions organized by the High
Court or the Bar Association, or visits the Judges at their
residence   to   express   the   condolences.   These   facts   can
hardly be a ground or reason for recusal by a Judge to
take up the matters of such lawyers.        
26. The applicant filed Criminal Application (APPP) No.1081
of 2015 for review of the judgment and order dated 16­1­2015,
which was dismissed by the Division Bench, consisting of M/s. B.R.
Gavai and Prasanna B. Varale, JJ., on 14­10­2015.   The reliefs
claimed by the applicant in the present Civil Revision Application
No.26 of 2016 were also claimed in substance by the applicant by
filing   earlier   Writ   Petition   No.6195   of   2015,   and   when   the
applicant found that the petition was liable to be dismissed, he
made a statement before the Court that the petition has become
infructuous, and accordingly it was disposed of by the Division
Bench,   consisting   of   M/s.   B.P.   Dharmadhikari   and
V.M. Deshpande, JJ. on 23­11­2015.   Once the said writ petition
was dismissed as infructuous, it follows that the grievance of the
applicant for supply of copy of the record, said to have been filed
by   the   Government   Pleader   in   Criminal   Application   (APPP)
No.1081 of 2015, did not survive.  In spite of this, the present civil
revision application has been filed, which, in substance, claims the

same reliefs based upon the same allegations, which is apparent
from the reading of writ petition and this revision application.  On
earlier occasion, this Court seems to have shown some leniency in
accepting a plea of petition becoming infructuous. Now in order to
avoid compliance of the orders dated 20­4­2016 and 25­4­2016,
the applicant has adopted the same modus operandi of withdrawal
of this revision as infructuous by levelling serious allegations in the
pursis Stamp No.5462 of 2016.   Thus, prima facie, the applicant is
indulged in the activities of abusing the process of Court with an
ulterior motive.
27. I   have   called   from   the   office   a   copy   of   Writ   Petition
No.11825  of 2015  filed  by the applicant  claiming the relief of
transfer of Shri B.R. Gavai, J. from the Bombay High Court to any
other High Court.  Para 6 of the said writ petition being relevant, is
reproduced below :
“6. That, the daily Lokmat Nagpur dated 26th July 2015
published the news on the said occasion of death of Shri R.S.
Gavai.  While paying his condolence to late Shri R.S. Gavai,
Shri Devendra Fadnavis in his condolence stated that 'I had
personal relation relationship with him'.   The various news
items   published   in   various   news   paper   shows   that
Mr. Devendra Fadnavis visited  the bungalow of respondent

no.4 on this sad occasion.  It shows the relations of respondent
no.4 with Shri Devendra Fadnavis.  That, the respondent no.4
dealt with the matter of Shri Devendra Fadnavis for quashing
Criminal   proceeding   i.e.   Criminal   Application   U/S   482   of
Cr.P.C. (APL) No.824/2014 pending against Shri Fadnavis.
When the petitioner filed information/application as per the
Chapter XXXIV Rule 5(i) to 5(f) of the Bombay High Court
Appellate Side Rules, 1960 to bring the illegal acts committed
by the parties therein.   The respondent no.4 taken up this
matter   without   jurisdiction   &   passed   unwanted   remarks
against the petitioner even when the petitioner filed specific
pursis about legal position of above Rules on record.  It shows
question on his fairness & integrity as well as judicial propriety
of respondent no.4 towards his duties as a Judge as on one
hand   Shri   Fadnavis   is   openly   speaking   of   his   personal
relationship with Shri R.S. Gavai and on the other hand the
respondent no.4, who is a son of Shri R.S. Gavai, is dealing
and quashed the criminal case of Shri Fadnavis.”
28. After reading the entire Writ Petition No.11825 of 2015, I
do not find any semblance of the averments made therein with the
controversy  involved   in   this   revision  application.    This   revision
application seeks copies of documents contained in the record, said
to have been filed by the office of Government Pleader in Criminal
Application (APPP) No.1081 of 2015.  According to the applicant,
such record is returned.  As such, it was not a part and parcel of

the record of Criminal Application (APPP) No.1081 of 2015.  The
judgment dated 14­10­2015 in the said application does not refer
to any such record.   Even para 6 in Writ Petition No.11825 of
2015, reproduced earlier, does not refer to Criminal Application
(APPP) No.1081 of 2015. Thus, this is another attempt to make
false   statement   before   this   Court,   recorded   in   the   order
dated 25­4­2016 passed in this revision application, with a view
avoid this Bench. 
29. The applicant filed the Transfer Petition (Civil) No.672 of
2016 before the Apex Court.  The applicant wanted transfer of Writ
Petition   No.11825   of   2015   filed   by   him   seeking   transfer   of
Shri B.R. Gavai, J. to some other High Court.   On 2­5­2016, the
Apex   Court   passed   an   order   in   the   said   petition,   which   is
reproduced below :
“Heard.
We do not see any merit in this transfer petition,
which is hereby dismissed.
At this stage, Mr. Mathews J. Nedumpara, learned
counsel for the petitioner, submits, on instructions of the
petitioner who is also present in­person, that the petitioner
proposes to unconditionally withdraw Civil  Writ Petition
No.11825 of 2015 filed by him before the High Court and
that this Court could record that submission leaving it open
to the High Court to dismiss the said petition as withdrawn

by passing a formal order on the subject.
We record the submission made at the Bar and leave
it open to the High Court to dismiss the writ petition as
withdraw unconditionally.”
30. Immediately thereafter on or about 10th May, 2016, the
applicant   has   in   his   own   name   publicized   all   the   aforesaid
allegations on the website of tennews.in.  The allegations so widely
published, are reproduced below : 
“Chief   Minister   of   State   of   Maharashtra
Mr.   Devendra   Fadnavis   is   expert   in   Criminal
Conspiracy, Misleading, Fraud etc.
1 week ago
by tennews.in
0 Comments
1. Mr. Devendra is advocate & member of the bar
council of Maharashtra & Goa, member of the District
Bar Association Nagpur, having portfolio of Ministry of
Law & Judiciary as well as Home Department.  In short
he know the Law very well.
2. When Devendra had personal relationships  with
Shri R.S. Gavai (former Government of State of Kerla,
Bihar), Devendra filed one Criminal Application U/S
482 of Cr.P.C. no.824/2014 before Shri B.R. Gavai J.
(son of late Shri R.S. Gavai, before the death of Shri
R.S. Gavai) at Nagpur Bench of Bombay High Court.
Devendra got Charge sheet U/S 324 of I.P.C. Quashed
without filing copy of charge sheet on Court's record.
Devendra   deliberately   &  knowingly   not   disclosed   his
relations   of   with   the   family   member   of
Shri B.R. Gavai J.  Devendra also shown one Madanlal

Parate  as a  co­accused  and  co­applicant  in  the  said
criminal matter and also got affidavit swear through in
the hands and signature of said Madanlal Parate (the
fake   accused,   who   was   never   a   co­accused   in   said
Criminal case with Devendra).   Devendra through his
G.P./college mate (Advocate in Election Petition) Smt.
Bharti   Dangre   and   other   A.G.P.   also   made   secret
communication   with   the   Judges   including   Shri   B.R.
Gavai J for decision of one application filed therein.
3. Devendra is having friendly/social/Advocate­ with
senior   counsel   Adv.   K.H.   Deshpande,   Adv.   Mohan
Sudame, Adv. Akshay Sudame.   One Election Petition
no.1/2014 filed before the Nagpur bench of Bombay
High Court for challenging the election of Devendra on
the ground of non disclosure of criminal cases pending
against him in the Criminal Courts.  The said Election
Petition came to be allotted to Shri R.K. Deshpande, J
(who is a son of Adv. K.H. Deshpande, father in law of
Adv. Akshay Sudame, father in law of son's of Adv.
Mohan Sudame).   Devendra Fadnavis knowingly not
disclose the said relations before the High Court and the
opponent therein and filed the application for rejection
of plaint & got relief from the said judge of High Court.
4. It was a duty of Devendra Fadnavis to bring on the
record   of   High   Court   and   in   the   knowledge   of   the
opponent about his relations with the family members
of the above judges.  Devendra not disclosed the above
facts   and   took   disadvantage   as   a   outcome   of   such
relations   and   committed   Criminal   Conspiracy,
Misleading & Fraud on Court­Institution of Justice, the
opponent including Adv. Satish Uke, Nagpur and Public
at large by showing his image clean & clearn.
Devendra is showing and posing his image clean and
clear and committed cheating with public at large.
5. The   copies   if   attached   documents   with   Hindu
version   of   the   above   facts   are   showing   the   factual
position of nature and act of Mr. Devendra Fadnavis
and others involved therein.

To,
Respected all of U
From,
Adv. Satish Uke
Nagpur­440027.
Mob.No.0­9373103123.”
31. Thereafter also, on 21­5­2016, the applicant­Satish Uke
has publicized in his own name, the following allegations on the
“Facebook” :
                                                            
32. In the decision of the Apex Court in the case of Charan
Lal   Sahu  v.  Union   of   India   and   another,   reported   in
(1988) 3 SCC 255, the Apex Court was concerned with the public
interest litigation filed under Article 32 of the Constitution of India
making intentional mud­slinging against advocates, Supreme Court
as also other constitutional institutions indulged in by an advocate.
The Apex Court observed that the petition was drafted in a careless
manner   with   meaningless   and   self­contradictory   pleadings
consisting of clumsy allegations and irrelevant facts, giving prima
facie rise to an offence of contempt of Court.   The Apex Court
directed   the   Registry   to   draw   up   appropriate   proceedings   for
contempt and to issue notice to the petitioner therein as to why the
petitioner should not be  proceeded with  under  the  Contempt   of
Courts Act for overstepping the limit of self­restraint.
33. In the decision of the Apex Court in the case of Roshan
Lal Ahuja, In Re, reported in  1993 Supp (4) SCC 446, the Apex
Court was considering the allegations made in the memorandum of
writ petition  and in the representation made before the President
of India containing scurrilous and indecent attacks on the Court as
well as on the Judges of the Court in wild, intemperate and abusive

language.  The Court found that the language used in the offending
documents has not only the effect of scandalizing and lowering the
authority of the Court in relation to judicial matters but also has
the   effect   of   substantially   interfering   with   and   obstructing   the
administration of justice.  The Court holds that the unfounded and
unwarranted   aspersions   on   the   impartiality   and   ability   of   the
Judges   of   the   Court   to   render   justice   has   the   tendency   to
undermine the authority of the Court and create a distrust in the
public mind as to the capacity of Judges of the Court to mete out
even­handed justice.   The Court holds that the remarks made by
the contemner are disparaging in character and derogatory to the
dignity of the Court and besides scandalising the Court in relation
to judicial matters have the tendency to shake the confidence of the
public in the Apex Court.  
34. Para 11 of the said decision being relevant, is reproduced
below :
“11. The tendency of maligning the reputation of judicial
officers by disgruntled elements who fail to secure an order
which they desire is on the increase and it is high time that
serious note is taken of the same.  No latitude can be given
to a litigant to browbeat the court.  Merely because a party
chooses to appear in person, it does not give him a licence

to indulge in making such aspersions as have the tendency
to scandalise the court in relation to judicial matters.”   
35. In   para   12   of   the   said   decision,   the   Apex   Court   has
observed as under :
“12. … However, when from the criticism a deliberate,
motivated and calculated  attempt is discernible to bring
down the image of the judiciary in the estimation of the
public or to impair the administration of justice or tend to
bring the administration of justice into disrepute the courts
must   bester   themselves   to   uphold   their   dignity   and   the
majesty of law.  No litigant can be permitted to overstep the
limits   of   fair,   bona   fide   and   reasonable   criticism   of   a
judgment and bring the courts generally in disrepute or
attribute   motives  to  the Judges rendering  the judgment.
Perversity, calculated to undermine the judicial system and
the prestige of the court, cannot be permitted for otherwise
the very foundation of the judicial system is bound to be
undermined and weakened and that would be bad not only
for   the   preservation   of   rule   of   law   but   also   for   the
independence of judiciary.  Liberty of free expression is not
to   be   confused   with   a   licence   to   make   unfounded,
unwarranted   and   irresponsible   aspersions   against   the
Judges or the courts in relation to judicial matters.   No
system of justice can tolerate such an unbridled licence.  Of
course   “Justice   is   not   a   cloistered   virtue;   she   must   be
allowed to suffer the scrutiny and respectful, even though

outspoken, comments of ordinary men”, but the members of
the public have to abstain from imputing improper motives
to those taking part in the administration of justice and
exercise their right of free criticism without malice or in any
way attempting to impair the administration of justice and
refrain   from   making   any   comment   which   tends   to
scandalise the court in relation to judicial matters.”
36. In the decision in the case of  Jaswant Singh  v.  Virender
Singh and others, reported in  1995 Supp (1) SCC 384, the Apex
Court was dealing with the aspersions cast on the learned Judge of
the High Court dealing with the election petition.  Para 33 of the
said decision being relevant, is reproduced below :
“33. Thereafter,   the   appellant   as   already   noticed,   filed   a
transfer   petition   in   this   Court   which   was   dismissed   on
30­8­1993.  The transfer petition like the application (supra)
cast aspersions on the learned Judge in the discharge of his
judicial   functions   and   had   the   tendency   to   scandalise   the
Court.  It was an attempt to browbeat the learned Judge of the
High Court and cause interference in the conduct of a fair trial.
Not   only   are   the   aspersions   derogatory,   scandalous   and
uncalled for but they also tend to bring the authority and
administration  of law into disrespect.   The contents of the
application seeking stay as also of the transfer petition, bring
the court into disrepute and are an affront to the majesty of
law and offend the dignity of the court.  The appellant is an

advocate and it is painful that by filing the application and the
petition  as  a  party  in   person,  couched  in  an  objectionable
language, he permitted himself the liberty of indulging in an
action, which ill behoves him and does little credit to the noble
profession to which he belongs.   An advocate has no wider
protection   than   a   layman   when   he   commits  an   act   which
amounts to contempt of court.   It is most unbefitting for an
advocate to make imputations against the Judge only because
he does not get the expected result, which according to him is
the fair and reasonable result available to him.  Judges cannot
be   intimidated   to   seek  favourable   orders.     Only   because   a
lawyer appears as a party in person, he does not get a licence
thereby to commit contempt of the court by intimidating the
Judges or scandalising the courts.   He cannot use language,
either in the pleadings or during arguments, which is either
intemperate or unparliamentary.  These safeguards are not for
the protection of any Judge individually but are essential for
maintaining the dignity and decorum of the courts and for
upholding  the  majesty  of  law.   Judges  and  courts  are  not
unduly sensitive or touchy to fair and reasonable criticism of
their judgments.  Fair comments, even if, outspoken, but made
without any malice or attempting to impair the administration
of justice and made in good faith, in proper language, do not
attract any punishment for contempt of court.  However, when
from   the   criticism   a   deliberate,   motivated   and   calculated
attempt is discernible to bring down the image of judiciary in
the estimation of the public or to impair the administration of
justice   or   tend   to   bring   the   administration   of   justice   into
disrepute the courts must bestir themselves to uphold their

dignity   and   the   majesty   of   law.     The   appellant,   has,
undoubtedly   committed   contempt   of   court   by   the   use   of
objectionable and intemperate language.  No system of justice
can tolerate such unbridled licence on the part of a person, be
he a lawyer, to permit himself the liberty of scandalising a
court  by   casting   unwarranted,  uncalled   for   and   unjustified
aspersions on the integrity, ability, impartiality or fairness of a
Judge in the discharge of his judicial functions as it amounts to
an   interference   with   the   due   course   of   administration   of
justice.” 
37. In the decision of the Apex Court in the case of  R.K.
Anand v. Registrar, Delhi High Court, reported in (2009) 8 SCC 106,
the Apex Court was concerned with the plea of recusal of the
Presiding Judge to deal with the matter and the question of barring
an advocate from practising before the High Court in exercise of
the inherent powers under Article 215 of the Constitution of India.
Paras   238   and   239   of   the   said   decision   being   relevant,   are
reproduced below :
“238. In Supreme Court Bar Assn. the direction prohibiting an
advocate from appearing in court for a specified period was
viewed as a total and complete denial of his right to practise
law and the bar was considered as a punishment inflicted on
him.  In Ex. Capt. Harish Uppal it was seen not as punishment
for  professional   misconduct  but   as   a   measure  necessary   to

regulate the court's proceedings and to maintain the dignity
and orderly functioning of the courts.  We may respectfully add
that in a given case a direction disallowing an advocate who is
convicted of criminal contempt from appearing in court may
not only be a measure to maintain the dignity and orderly
functioning of the courts but may become necessary for the
self­protection of the court and for preservation of the purity of
court proceedings.  Let us, for example, take the case where an
advocate is shown to have accepted money in the name of a
judge   or   on   the   pretext   of   influencing   him;   or   where   an
advocate is found tampering with the court's record; or where
an advocate is found actively taking part in faking court orders
(fake bail orders are not unknown in several High Courts!); or
where an advocate has made it into a practice to browbeat and
abuse judges and on that basis has earned the reputation to
get a case transferred from an “inconvnient” court; or where
an advocate is found to be in the habit of sending unfounded
and   unsubstantiated   allegation   petitions   against   judicial
officers and judges to the superior courts.  Unfortunately these
examples   are   not   from   imagination.     These   things   are
happening more frequently than we care to acknowledge.”
“239. We   may   also   add   that   these   illustrations   are   not
exhaustive   but   there   may   be   other   ways   in   which   a
malefactor's   conduct   and   actions   may   pose   a   real   and
imminent threat to the purity of court proceedings, cardinal to
any court's functioning, apart from constituting a substantive
offence and contempt of court and professional misconduct.  In
such a situation the court does not only have the right but it

also has the obligation cast upon it to protect itself and save
the purity of its proceedings from being polluted in any way
and to that end bar the malefactor from appearing before the
courts for an appropriate period of time.”
38. While   dealing   with   the   question   of   recusal   by
Shri B.R. Gavai, J. to hear Criminal Application (APPP) No.1081 of
2015,   the   Division   Bench   of   M/s.   B.R.   Gavai   and
Prasanna   B.   Varale,   JJ.   has   made   the   observations   against   the
applicant­Shri Satish Uke in paras 10, 12 and 18 in the judgment
dated 14­10­2015 as under :
“10. The   present   applicant   before   us   happens   to   be   a
lawyer and member of Bar Council of Maharashtra and
Goa.  As an officer of the Court, it is lawyer's duty to uphold
the   majesty   of   law   and   assist   in   the   administration   of
justice.  However, the entire conduct of the applicant as can
be reflected in the present application itself would reveal
that rather than having any respect for the majesty of law,
he   has   involved   time   and   again   in   making   serious
allegations   against   the   sitting   Judges   of  this   Court,   the
Chief Minister and the Government Pleader.”
“12. … It will not be out of place to mention that the
father of one of us i.e. B.R. Gavai, J., late Shri R.S. Gavai
was an active politician for a period of almost 60 years.  If

a father of a judge happens to be a politician and after the
mortal remains   are brought to his residence and if the
politicians visit the residence to pay their last respect, is it
the expectation of the applicant, that the judge concerned
should ask the guards at his house to stop the visitors and
politicians.”
“18. … The present order along with the copies of all
the relevant proceedings shall be forwarded forthwith to the
Hon'ble the Acting Chief Justice of this Court, the learned
Advocate General of Maharashtra, the Chairman of the Bar
Council   of   Maharashtra   and   Goa   for   considering   as   to
whether anything needs to be done in the matter.”
39. The applicant himself is a practising lawyer at Nagpur
Bench of Bombay High Court.  From the office of this Court, I have
called the information about the cases in which the applicant is
appearing in person either as the applicant or as the respondent.
The numbers of these matters are given as under :
Case No./Crime No.
Criminal   Application
No.1323/2010
Criminal   Application
No.1916/2010
Criminal   Application
No.1915/2010
Criminal   Application
No.1884/2010
Criminal   Application
No.1951/2010
Criminal   Application
No.1952/2010
                                                                         
Criminal   Application
No.1950/2010
Criminal Writ Petition
No.294/2011
Criminal Writ Petition
No.441/2010
Criminal Writ Petition
No.618/2005
(Decided)
Criminal   Contempt
Petition No.2/2015 in
APL No.491/2013
Criminal   Application
(APPP)   No.955/2014
in   Criminal
Application   (APL)
No.258/2013
(Decided)   with
Criminal   Application
(APL) No.491/2013
Criminal   Application
(APPP)   No.40/2015
in   Cri.   Application
(APPP)
No.1081/2015 (D) in
Criminal   Application
No.45/2015   (D)   in
Criminal   Application
(APL)   No.824/2014
(Decided)
Cri. Contempt Petition
No.2/2013
Civil   Writ   Petition
No.2760/2015
Criminal   Application
No.1192/2008
Criminal Writ Petition
No.23/2002
Criminal Writ Petition
No.110/2015
Criminal   APL
No.157/2014
Criminal Writ Petition
No.1078/2014
Criminal Writ Petition
No.166/2006
Criminal Writ Petition
No.411/2010
Criminal Writ Petition
No.419/2010
Civil   Writ   Petition
No.6195/2015
     
The credentials of the applicant can be understood from the above
criminal cases to which he is a party in person.  There are hardly
any matters, wherein he is representing any party as a lawyer.
Prima facie, the applicant himself is the lawyer and the litigant.

40. There is a definite, deliberate, motivated and calculated
attempt on the part of the applicant, which is discernible to bring
down the image of judiciary in the estimation of the public or to
impair   the   administration   of   justice   or   to   tend   to   bring   the
administration of justice into disrepute.   Repeatedly filing fake,
frivolous and vexatious cases with the allegations to scandalize the
Court, the officers of the Court, and mud­slinging the record of the
Court, is nothing but an abuse of process of Court.   There is a
definite     act of browbeating the Court to obtain the favourable
orders, and wherever the attempt remains unsuccessful, to raise a
false and concocted plea of recusal and indulge in the activities of
bench­hunting.  
41. In spite of making statement before the Apex Court on
2­5­2016   for   withdrawal   of   Writ   Petition   No.11825   of   2016
levelling serious allegations against a sitting Judge of this Court
(Shri   B.R.   Gavai,   J.),   the   applicant   has   thereafter   chosen   to
approach   social   media   to   scandalize   the   Court   and   make   a
scurrilous   attack   on   the   sitting  Judges,   the   Chief   Minister   Shri
Devendra   Fadnavis,   the   officers   of   the   Court,   including   the
Government Pleader and the Registrar.   This is a definite act of

misleading the Apex Court that henceforth no such activity shall be
carried.  In the absence of such representation, one does not know
what would have been the fate of the Transfer Petition filed before
the Apex Court.  
42. The object, intent and motive behind it seems to be only
to malign the image of the judiciary.  The attention of the Judges is
distracted  by such interference in the administration  of  justice.
Various publications by the applicant cause an embarrassment and
create a distrust in the public mind as to the impartial capacity of
the Judges of the Court to mete out even­handed justice.   The
activities of the applicant are posing a real and imminent threat to
the purity of the Court proceedings.   The allegations made are
affront to the majesty of law and offend the dignity of the Court.
43. In the light of the facts of this case, and the law laid down
by the Apex Court, I propose to invoke the jurisdiction of this Court
under   Article   215   of   the   Constitution   of   India   to   frame   the
following draft charges against the applicant­Satish Mahadeorao
Uke for the act of the contempt of Court :
(1) You,   Satish   Mahadeorao   Uke,   have   instituted
various   civil   and   criminal   proceedings   in   this   Court,

against the sitting Judges of this Court, the officers of this
Court, including lawyers and the Registrar, as are pointed
out in this order, which are frivolous and vexatious and
thereby you have committed an act of abuse of process of
the Court, amounting to contempt of Court.
(2) You,   Satish   Mahadeorao   Uke,   have   made
statements   of   facts   before   this   Court   recorded   in   the
orders dated 20­4­2016 and 25­4­2016 and contained in
Civil Revision Application No.26 of 2016 and the pursis
Stamp Nos.5462 of 2016 and 5811 of 2016, which you
knew and believed to be false, so as to browbeat this
Court on the basis of a false case of recusal and indulging
in the activity of bench­hunting.
(3) In   various   litigations   as   are   instituted   and   the
publications,  which  are  referred  to  in  this  order,  you,
Satish   Mahadeorao   Uke,   have   used   wild,   intemperate,
unfounded,   unwarranted   and   irresponsible   allegations
scandalizing the Court and making a scurrilous attack on
the   Judges   in   person   and   the   officers   of   the   Court,
including the Government Pleader, other lawyers, and the
Registrar in the Bench at Nagpur of the Bombay High
Court.  The allegations are made with the object, intent
and motive of maligning the reputation of the Judicial
Officers resulting in interference in the course of justice
and   the   administration   of   law   by   the   Courts,   which
amounts to contempt of Court.

44. The applicant has shown the tendency of continuing with
such acts of contempt, as are reflected in the draft charges.  The
applicant has overstepped the limits of being the officer of this
Court and as a lawyer appearing in person, he does not hold any
wider protection while committing an act of contempt.  This Court
cannot remain a silent spectator and a stern action prohibiting such
acts will have to be taken during the pendency of the proceedings
for contempt.   The applicant either will have to be taken  into
judicial custody pending the decision of this proceeding or can be
put to terms of giving an undertaking that he shall not, during the
pendency of this proceeding, institute or publish any act covered by
the draft charges framed either by himself personally or through
anyone else.  In the decision of the Apex Court in R.K. Anand's case,
cited supra, it has been held that the Court has power to disallow
advocate convicted in criminal contempt from appearing in Court.
The Apex Court added in para 239 of the said decision that the
Court does not only have the right but it also has the obligation
cast upon it to protect itself and save the purity of its proceedings
from being polluted in any way and to that end bar the malefactor
from appearing before the Courts for an appropriate period of time.
45. In terms of Rule 5 in Part II of the Rules to regulate

proceedings for contempt under Article 215 of the Constitution of
India   and   the   Contempt   of   Courts   Act,   1971,   this   order   can
constitute an information for taking suo motu action for contempt
of Court under Article 215 of the Constitution of India, and it will
have to be accordingly placed before Hon'ble the Chief Justice of
Bombay High Court for appropriate orders in terms of clauses 5(f)
and 5(g) of the said Rules.  Hence, I pass the following order :
(1) Issue   notice   to   the   applicant­Satish   Mahadeorao
Uke to show cause as to why the proceedings for criminal
contempt should not be instituted against him for the
draft   charges   framed   in   this   order?     Notice   is   made
returnable on 1­8­2016.
(2) This   order   be   placed   before   Hon'ble   the   Chief
Justice of Bombay High Court in terms of clauses 5(f) and
5(g) of the Rules under Chapter XXXIV of the Bombay
High   Court   Appellate   Side   Rules   to   constitute   the
appropriate Division Bench, as required by Section 18 of
the Contempt of Courts Act, to take cognizance of the act
of contempt of Court by treating this order itself as a
petition for contempt of Court, in accordance with law
and Satish Mahadeorao Uke be shown as the contemnor.
(3) The Division Bench assigned with the matter may
consider the question of taking Satish Mahadeorao Uke in

judicial   custody  pending   the   decision   of   the   contempt
proceedings   to   prevent   him   from   instituting   such
proceedings   and/or   publicizing   the   allegations   against
sitting Judges, officers of this Court, including lawyers
practising in this Court, so as to cause an embarrassment
and interference in the course of justice. 
(4) During   the   pendency   of   the   proceedings   before
Hon'ble   the   Chief   Justice   and/or   before   the   Division
Bench of this Court for taking decision on the cognizance
of contempt of Court, the applicant­Satish Mahadeorao
Uke,   who   shall   be   the   contemnor,   is   restrained   from
instituting   any   proceeding   either   himself   or   through
anyone else to perpetuate the act of contempt of Court
alleged in the draft charges framed in this order, and/or
to approach any public communication system, including
the   newspaper   and   the   media   for   publication   of   the
allegations covered by the draft charges framed in this
order.
(5) The Registry of this Court in the Principal Bench
and the other Benches of this Court is directed not to
entertain   any   litigation   at   the   instance   of   the   Satish
Mahadeorao Uke involving the Registry of this Court, the
sitting Judges of this Court, and other officers of this
Court,   including   any   lawyers   practising   in   this   Court,
without   an   application   for   leave   to   institute   such
proceedings   filed   in   this   proceeding   for   contempt   of
Court.  If such application is made, the office shall place
the matter either before Hon'ble the Chief Justice if the

matter  is  pending  with him  or  before the  appropriate
Division   Bench   seized   of   the   matter   of   contempt   for
passing appropriate orders.
(6) It is made clear that the Registry of this Court is
not prevented from entertaining any petition, application,
etc., at the instance of Satish Mahadeorao Uke in respect
of the matters not related to the draft charges levelled in
this order.
(7) The   ad   interim   orders   in   terms   of   clauses   (4)
and (5) above, shall operate from today, i.e. 6­6­2016,
and the same shall continue to operate till the decision on
it by the Division Bench.   All the aforesaid  ad interim
orders are subject to further orders to be passed by the
Division Bench, which shall be assigned this matter by
Hon'ble the Chief Justice.  Unless the orders are varied,
the   same   shall   continue   to   operate   pending   these
proceedings.
JUDGE. 

Print Page

No comments:

Post a Comment